DIGEST 


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Richards’ Primary Law 


By 

C. C. CALDWELL 

Formerly Attorney General 


This pamphlet has been prepared with the hope of making the 
South Dakota Primary Law more easily understood by both oflicers 
and voters than would be possible by reference to the statute alone. 
These pages do not contain all of the primary law, but they do contain 
a complete abstract of all those portions of the law with which officers 
and voters are likely to desire to become familiar. Our purpose has 
• been so to group and arrange the several provisions of the law covered 
as to make it comparatively easy to find the answers to questions as 
they may arise, and to become familiar with any portion jof the law 
in which the officer or voter may be especially interested. 


Single Copies 50 cents Each 

Special Price in Quantities 


Copyrighted 1919 

By WILL A. BEACH PRINTING CO. 
Sioux Falls, S. D. 



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TABLE OF CONTENTS 

Paae 


Article I. Important Dates Stipulated in Primary Law. 3 

Article II. Party Precinct Initiatory Election. 3 

xVrticle III. Otlicers provided for by the Primary Law, Maimer of 

their selection and duties. 4 

1. Party County Central Committee. 4 

2. Precinct Proposalmen. 5 

3. Party State Central Committee. 6 

4. State Proposalmen . 7 

5. County Chairman . 8 

6. Party State Chairman. 9 

7. Secretaries and Treasurers of County and State 

Committees . 9 

8. Judges of Primary Election. 9 

9. Clerks of Primary Election. 11 

Article IV. Duties Imposed by the Primary Law Upon Regular 

State County and Precinct Officers. 12 

1. Secretary of State. 12 

2. Attorney General . 13 ' 

3. County Auditor . 13 

4. County Canvassing Board. 15 

5. State Canvassing Hoard. 15 

6. National Party Committeeman. 15 

7. Precinct Officers . 15 

Article V. The Proposal and Nomination of Candidates. 15 

Article VI. The Endorsement of Candidates for Appointive 

Positions . 17 

Article VII. Party Recall . 17 

Article VIII. Platform and Principles. 18 

Publicity Pamphlet . 18 

Public Joint Debates.% 19 


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ABSTRACT 

OF 

South Dakota Primary Election Law 

With Citations to the Statute 


Article I. Important Dates Stipulated in Primary Law. 

November first (or before) in odd years county auditor furnishes 
blanks for the election of county committeemen and proposalmen. 
(Sec. 7104, Code.) 

Second Tuesday in November of odd years precinct initiatory elec¬ 
tion held. (Sec. 7100, Code.) 

Third Tuesday in November at eleven o’clock A. M. precinct pro¬ 
posalmen meet. (Sec. 7107, Code.) 

First Tuesday in December of odd years Party State Proposalmen 
meet at state capitol at eleven o’clock A. M. (Sec. 7108, Code.) 

Third Tuesday in December (or before) of odd years proposal of 
dissenting proposalmen filed with the secretary of state. (Sec. 7107, 
Code.) 

Fourth Tuesday in December of odd years at eleven o’clock A. M. 
precinct proposalmen reconvene. (Sec. 7108, Code.) 

Fourth Tuesday in March in even numbered years between eight 
o’clock A. M. and five P. M. primary election held. (Sec. 7134, Code.) 

First Saturday after primary, meeting of county canvassing board. 
(Sec. 7156, Code.) 

Fourth Tuesday after the primary date County Central Commit¬ 
tee and nominated candidates for county and legislative offices meet 
at eleven o’clock A. M. at the courthouse to elect a county chairman. 
(Sec. 7110, Code.) 

Second Tuesday in December, even years, at eleven o’clock A. M. 
Party State Central Committee meets at Senate Chamber. (Sec. 7165, 
Code.) 

Article II. Party Precinct Initiatory Election. 

On the second Tuesday in November of each odd year there is an 
election held in each precinct throughout the state for each political' 
party, and at this election the party members elect precinct commit¬ 
teemen and proposalmen. The party precinct committeeman of each 
party gives ten days’, notice of this election either by publication in 


3 




a newspaper or by posting in three public places in the precinct. 
The precinct committeeman states in this notice the time and the 
place in the precinct when and where the election will be held. He 
calls the election to order at eleven o’clock in the forenoon, or in case 
of his absence the election may be called to order by any party mem¬ 
ber, Two judges and two clerks are elected by the meeting. The 
ballots for this election are furnished by the county auditor and the 
voter writes in the ballot the names of the persons he wishes to vote 
for. Any elector in the precinct has the right to vote at the 
precinct election held by the political party to which he belongs. If 
an elector offers to vote his right to do so may be challenged by any 
judge, clerk or party elector, either on the ground that the person 
offering to vote is not a qualified elector of the precinct or that he is 
not a member of the political party holding the election. In case of 
challenge the person challenged must make oath that he is a qualified 
elector of the precinct and a member of the political party holding 
the election, or his vote shall not be received. The election is held 
open for two hours and as much longer as may be necessary to enable 
all the electors present to cast their ballots. At this election one 
Precinct Party County Central Committeeman is elected and three 
Party County Proposalmen. When the election is over the result 
shall be certified by the judges and clerks and the credentials issued by 
them shall entitle the proposalmen elected to vote at all ‘county pro¬ 
posal meetings of their political party. (Sec. 7106, Code.) 


Article III. Oflicers Provided for by the Primary Law, Maimer of 
Their Selection, and Duties. 

FIRST—PARTY COUNTY CENTRAL COMMITTEE 
Manner of Selection. 

This is strictly a party committee. The law provides for a county 
central committee for each political party. This committee is com¬ 
posed of one party member from each precinct. (Sec. 7109, Code.) 
These committee members are elected by the party voters of the pre¬ 
cinct on the second Tuesday in November of each odd numbered year. 
(Sec. 7106, Code.) The elector votes for county central committeeman 
by writing the name of the person to be voted for on the small ballot 
furnished the elector at the precinct initiatory election. (Sec. 7104, 
Code.) 

Duties. 

It is the duty of the precinct committeeman to give notice of the 
precinct initiatory election, at which a precinct committeeman and 
proposal men are elected. This notice is either published or posted 
for at least ten days prior to the second Tuesday of November in odd 
numbered years. (Sec. 7106, Code.) It is the duty of the Party County 
Central Committee to elect a treasurer. The treasurer is required to 

4 


I 


keep a record of all money received and expended in a book which 
shall be the property of the political party. (Sec. 7114, Code.) At all 
meetings of the County Central Committee the members vote by unit 
representation. (Sec. 7109, Code.) “Unit representation,” as defined 
by the statute, means that the committeeman casts the number of 
votes as were cast in his precinct by his party for Governor at the last 
general election. (Sec. 7098, Code.) The Party County Central Com¬ 
mittee hears complaints against county and municipal officers in pro¬ 
ceedings to recall such officers. (Sec. 7178, Code.) All vacancies in 
this committee are filled by appointment of the chairman until the next 
primary election. (Sec. 7186, Code.) The county committee fill vacan¬ 
cies on the ticket after nominations have been made. (Sec. 7188, 
Code.) County Central Committeemen elected under former laws 
serve until committeemen are elected under the present law. 

SECOND—PRECIXCT PROPOSALMEN 
Manner of Selection. 

Three party precinct proposalmen are elected by the electors of 
each party at the primary initiatory election held on the second Tues¬ 
day in November of each odd year. (Sec. 7106, Code.) These pro¬ 
posalmen thus elected constitute a county proposal committee for 
each party. • 

Duties. 

The county proposal committee for each party meets at the county 
seat on the third Tuesday in November of each odd year at eleven 
o’clock in the forenoon. The meeting of the committee is called to 
order by the chairman of the Party County Central Committee, or in 
his absence may be called to order by the Secretary or any proposal- 
man present, and the committee is required to organize by the election 
of a chairman and a secretary, and such other officers as niav be 
deemed necessary. At this meeting each party proposal committee 
elects three party state proposalmen, and the county proposal commit¬ 
tee then adjourns to the fourth Tuesday in December of the same 
year at eleven o’clock in the forenoon. When the county proposal 
committee meets pursuant to adjournment there shall be read to such 
committee the various individual and representative proposals that 
have been filed with and obtained from the secretary of state. These 
proposals include both principles and candidates. The committee se¬ 
lects from the proposals thus obtained the principles and candidates 
which it will endorse, including paramount issue. The committee at 
this meeting also proposes candidates for all county legislative and 
district offices. In case of disagreement as to the endorsement of state 
proposals, the majority of the meeting shall have the first right to 
propose its candidates and shall have the right to choose either the 
third or fourth column on the ballot for its candidates for county and 
legislative offices. They will choose the third or fourth column on the 
ballot accordingly as they favor the candidate for chief executive pro- 


posed at the state meeting whose name appears in-the one or the other 
of such columns. Five or more protesting proposalmen shall have the 
right to propose their candidates for county legislative and district 
offices and have their names appear in the remaining representative 
column (that is as between the third or fourth column in the one not 
chosen by the majority). 

Each proposalman casts one-third of the number of votes that 
were cast for governor by his party in his precinct at the last general 
election. The proposals thus made shall be certified to by the chair¬ 
man and secretary of the meeting, or by the five or more protesting 
members as the case may be. The proposal in either case is filed with 
the county auditor. The candidate proposed must sign a declaration 
which is also filed with the county auditor, pledging himself to qualify 
if he is nominated and obey the party recall. ■ The voting at this 
meeting of the proposal committee must be by roll-call. (Sec. 7107, 
Code.) 

THIRD-PARTY STATE CENTRAL COMMITTEE 
Manner of Selection. 

At the party primary in March of each even year the electors vote 
by ballot the same as for other candidates, for a state central commit¬ 
teeman, and the several state central committeemen thus selected 
from the different counties constitute the Party State Central Com¬ 
mittee. (Sec. 7111, Code.) 

Duties. 

Each State Central Committee selects its own treasurer. (Sec. 
7114, Code.) The present State Central Committee serves until the 
selection of a new State Committee under the new law. (Sec. 7116, 
Code.) The State Committees meet in regular session in the Senate 
Chamber in Pierre on the second Tuesday in December following their 
'election at eleven o’clock A. M. The National Party Committeeman, 
together with the chairman and secretary of the State Committee, 
meet with the State Committee at this time and place. At this meet¬ 
ing applications for party endorsement for appointment to state and 
federal offices during the ensuing year are heard and acted upon by 
the committee. All positions excepting those of private secretary and 
stenographer, and excepting postmaster, must be filled in this manner. 
When the committee has acted the chairman and secretary must im¬ 
mediately certify to the proper officer the result of such action. All 
persons attending this meeting are entitled to compensation at the 
rate of five cents per mile each way for each mile necessarily traveled. 
Such expenses are to be paid by the state. All such meetings of the 
state committee must be public and a record of the same is kept in 
the party political record book and filed with the Secretary of State. 
(Sec. 7165, Code.) 

Party recommendation for appointment to fill vacancies when the 
Party State Central Committee is not in session is given by a majority 


6 


of the following: The party state chairman, the national committee¬ 
man, and the chairman of the County Central Committee, of which 
county the applicant is a resident. (Sec. 7165, Code.) 

The State Central Committee also hears complaints against nation¬ 
al, congressional, state and district elective officers and federal and 
state appointive officers where the recall is sought to be invoked. 
(Sec. 7178, Code.) 

Vacancies in the state committee are filled by appointment of the 
chairman. (Sec. 7186, Code.) The State Committee is authorized to 
fill vacancies on the party ticket, due to any cause, after the primary. 
(Sec. 7188, Code.) 


FOURTH—STATE PROPOSALMEN 
Manner of Selection. 

Three persons are elected on the third Tuesday of November in 
odd years by each political party for each county as state proposal- 
men. This election is made by the precinct proposalmen of the 
county assembled as a county proposal committee. The election is by 
roll call of the precinct proposalmen. (Sec. 7107, Code.) 

Duties. 

The state proposalmen meet on the first Tuesday of December in 
odd years at Pierre at such place as the chairman of the Party State 
Central Committee shall provide. The meeting of the state proposal- 
men of each political party thus assembled is called to order by the 
chairman of the State Central Committee at eleven o’clock in the fore¬ 
noon, or in the absence of the chairman the meeting may be called to 
order by any proposalman present. The meeting organizes by the 
election of a chairman and two secretaries, and such other secretaries 
as may be necessary. The proposalmen present constitute a quorum. 
The session must be open and public and without subcommittees. 

The meeting adopts principles for a party platform, one plank at 
a time by roll call vote; also selects one paramount national issue and 
one paramount state issue for the party platform and prepares a sum¬ 
mary of principles for the ballot heading. 

The meeting of state proposalmen then proceeds to propose candi¬ 
dates for the several presidential, congressional and state offices, and 
party representatives. Each proposalman at this meeting of state 
proposalmen casts a number of votes equal to one-third the number 
of votes cast in his county at the last general election for his party’s 
candidate for governor. All voting on selection of paramount issues 
and on candidates is by roll-call. (Sec. 7108, Code.) 

The Making of Proposals. 

No paramount issue for party platform or candidate can be pro¬ 
posed unless such issue or candidate shall have received a majority of 


7 


all the votes entitled to representation in the meeting, except as 
follows: 

If on or before the third Tuesday in December following the state 
party proposal meeting one protesting proposal signed by five or more 
dissenting state proposalmen entitled to vote at state meeting shall be 
filed with the Secretary of State, it becomes the duty of the Secretary 
of State to receive and file the same, and the Secretary of State must 
cause such protesting proposal to be certified to the county auditor 
and the summary of principles and names of candidates appearing in 
such protesting proposal is printed in column three of the official 
party primary ballot. (Sec. 7108, Code.) 

Compensation of Proposalmen. 

Each proposalman attending the state proposal meeting receives 
compensation at the rate of five cents per mile for each mile neces¬ 
sarily travelled going to and returning from the state meeting. In or¬ 
der to obtain such compensation the proposalman must file a written 
receipted sworn statement with the Secretary of State. The Secretary 
of State files this with the State Auditor and the compensation is paid 
out of the state treasury. But where principles and candidates are 
not proposed, the proposalmen are not entitled to compensation. 
(Sec. 7108, Code.) 


FIFTH—COUNTY CHAIRMAN 
Manner of Selection. 

The chairman of the Party Central County Committee of each 
party is elected by the candidates for county and legislative offices 
which have been nominated at the preceding primary, together with 
the elected Party County Central Committeemen. This election takes 
place at a meeting held at eleven o’clock in the forenoon of the fourth 
Tuesday after the primary date at the court house in the proper 
county. A majority vote of candidates and committeemen present is 
necessary to an election. (Sec. 7110, Code.) 

Duties. 

The party county chairman presides at all meetings of the County 
Central Committee. He arranges for debates held in his county be¬ 
tween rival candidates for governor, advertises the same and either 
presides in person or appoints some jurist to preside. If the county 
chairman is not present a presiding officer may be chosen from the 
audience assembled to hear such debate, by majority vote of the 
people present at the meeting. (Par. M. Sec. 7126, Code.) At meetings 
of the County Central Committee held in recall proceedings the party 
county chairman is authorized to preside and to administer oaths. 
(Sec. 7181, Code.) 


8 


SIXTH—PARTY STATE CHAIRHAX 
Manner of Selection. 

The party state chairman for each political party is elected at 
the regular primary from candidates proposed. The manner of pro¬ 
posing, voting for and electing the state chairman is the same as for 
nominating a candidate for state office. (Sec. 7112, Code.) 

Duties. 

The state chairman receives and files a copy of all complaints in 
recall proceedings. (Par. 1, Sec. 7176, Code.) He fixes the time and 
place for hearing recall charges by the state committee. (Sec. 7179, 
Code.) He presides over the State Party Central Committee when in 
session in recall proceedings. (Sec. 7181, Code.) He fills vacancies on 
the State Committee by appointment. (Sec. 7186, Code.) With the 
National Committeeman and the chairman of the County Committee of 
which the applicant is a resident, he endorses candidates for ap¬ 
pointive positions when the State Committee is not in session. (Sec. 
7165, Code.) With the national committeeman he arranges for the 
place of meeting for presidential debates, gives publicity to the same 
and selects the presiding chairman. (Par. L., Sec. 7126, Code.) The 
state chairman meets with the State Central Committee and its secre¬ 
taries and the national committeeman on the second Tuesday of De¬ 
cember after every general election for the purpose of endorsing 
candidates for state and federal appointive government positions. 
(Sec. 7165, Code.) 

SEVENTH—SECRETARIES AND TREASURERS OF COUNTY AND 
STATE COMAIITTEES 

Manner of Selection. 

There is a secretary of each County Central Committee, appointed 
by the county chairman; a secretary of each State Committee, appoint¬ 
ed by the state chairman; a treasurer of each County Committee, elect¬ 
ed by the Committee and a treasurer of each State Committee elected 
by the Committee. (Sec. 7114, Code.) 

Duties. 

Each secretary and each treasurer of whatever committee must 
keep suitable record books of proceedings and money received and 
paid out, and account for all funds received and expended, and all 
books and records so kept and all funds on hand at the close of the 
term must be turned over to his successor. (Sec. 7114, Code.) 

EIGHTH—JUDGES OF PRIMARY ELECTION 
Manner of Selection. 

Three primary election judges are appointed for each precinct 
by the county auditor. The judges must be qualified voters of the 
precinct from which they are appointed. The appointment is made 


9 


not less than sixteen days before the primary. The appointment must 
be made from members of school and civil township boards of the 
township, in all cases except where the personnel of such boards does 
not include representatives of the political parties appearing in the 
primary, in which case the county auditor uses his own discretion. In 
villages, towns or cities where there are more than one voting precinct 
the municipal clerk and members of the governing board by majority 
vote select three judges and two clerks for each voting precinct of the 
municipality and submit a list to the county auditor for his final ap¬ 
pointment, but in case no names are presented the county auditor uses 
his own discretion in making the appointments. If three or more 
political parties have official primary ballots in the primary one judge 
must be appointed from each of the three parties casting the highest 
number of votes in the preceding general election. If but two parties 
are represented in the primary these judges are selected from the 
electors of such two parties. (Sec. 7141, Code.) One of the judges is 
designated by the county auditor as superintendent. (Sec. 7138, Code.) 
If any person who has been appointed judge of election neglects or 
refuses to act, the vacancy is filled by the electors of the precinct, 
from different political parties, as above provided. (Sec. 7184, Code.) 

Duties. 

The superintendent receives the election supplies from the county 
auditor from the post office or express office. He erects and must have 
ready booths for the election furnished by the county and arrange for 
supplies and conveniences for the voters. If the superintendent shall 
not have received the election supplies three days before the election 
he must communicate with the county auditor and obtain new ballots 
and supplies and have the same on hand primary day. (Sec. 7138, 
Code.) 

The judges are empowered to administer oaths to each other and 
to the clerks. (Sec. 7142, Code.) If any judge has reason to believe 
that any person offering to vote is not qualified it is the duty of the 
judge to challenge the vote. (Sec. 7143, Code.) If the voter is chal¬ 
lenged and refuses to take the oath the judges must refuse to accept 
his vote. If after taking oath the judges have reason to believe the 
voter is not qualified, before receiving his vote, they shall require him 
to sign an oath and the same shall be preserved with the poll books. 
(Sec. 7143, Code.) 

The judges of election shall protect all challengers in the discharge 
of their duties. (Sec. 7146, Code.) Upon the opening of the polls one 
of the judges shall announce that fact, and at least thirty minutes be¬ 
fore the closing of the polls announcement shall be made in like man¬ 
ner that the polls shall be closed in a half hour. After the polls have 
been opened the judges shall not adjourn until all the votes cast at 
the primary have been counted and canvassed. (Sec. 7147, Code.) 
The judges shall keep the ballots of each political party separate. One 
of the judges shall stamp and deliver to the voter the official ballot 


10 


.'belonging to the party of which the voter is a member, and after 
the voter has marked the ballot one of the judges, shall receive the 
same and deposit it in the ballot box. (Sec. 7148, Code.)* The judges 
shall return all primary ballots not voted and all that have been spoiled 
to the county auditor and shall take the auditor’s receipt therefor and 
preserve the same for three months. (Sec. 7150, Code.) 

As soon as the polls are closed the judges must canvass the votes 
cast in the following manner: 

(a) They must ascertain the number of names entered upon the 
poll books for each political party separately. 

(b) They must then ascertain how many ballots have been de¬ 
posited in the ballot box for each political party separately. 

(c) If the number of ballots of any political party exceeds the 
number of names of voters of such party entered upon the poll books 
the ballots must be folded and replaced in the boxes and boxes closed 
and shaken, and again opened when one of the judges must be blind¬ 
folded and must draw out of the box and destroy as many of such 
ballots as shall equal such excess. 

(d) They must then place the ballots of each political party in 
separate piles and count those of each party separately, and as the 
judges open and read the ballots the clerks must mark upon the tally 
sheets the votes which each candidate of the party has received in a 
separate column for that purpose. 

(e) After the ballots have been read and entered the clerks make 
footings and certify that the same are correct and the judges then set 
down in the poll books the name of each candidate voted for, the name 
of the office for which he is a candidate, number of votes which the 
candidate received and the total number of the votes cast by the poli¬ 
tical party at the primary and certify the same to be true and correct. 
(Sec. 7152, Code.) 

The superintendent of election must within three days after the 
votes have been canvassed deliver to the county auditor the registry 
poll books with the certification of the judges written thereon, the 
tally sheets together with the wrappers containing the ballots, all of 
which must be carefully enveloped and sealed up together for each 
political party. (Sec. 7154, Code.) 

The judges of the primary election receive the same pay as judges 
of the general election. (Sec. 7155, Code.) 

NINTH—CLERKS OF ELECTION 
Manner of Selection. 

Two persons are appointed for each precinct to act as clerks of 
the primary election, the appointment to be made by the county 
auditor. The appointment is made not less than sixteen days before 
the primary, and preferably from those persons who are school or 
civil clerks in the precinct; in villages and cities the county auditor 
appoints primary election clerks from a list submitted to him by the 


11 


governing board of the village, town or city, but in case no names are 
presented the auditor uses his own discretion in appointing clerks in 
villages, towns and cities, for each precinct. (Sec. 7139, Code). 

Duties. 

The clerks take the same oath of office as the primary judges, and 
the same may be administered by any one of the judges appointed. 
(Sec. 7142, Code.) 

It is the duty of a clerk to challenge any voter offering to vote if 
the clerk shall have reason to believe that the voter is not qualified. 
(Sec. 7143, Code.) Each clerk enters in the registry poll book and 
duplicate kept by him in numerical order, the name of every voter at 
the primary election whose vote is accepted; the clerk also enters in 
the poll book and duplicate opposite the name of each person voting 
in a column arranged for that purpose a letter or other designation 
showing the name of the party whose ballot the elector voted, and 
also in a proper column in the book the number of the voter. (Sec. 
7149, Code.) 

The duties of the clerk and other officers in canvassing votes are 
the same as the duties of such officers at the general election. (Sec. 

7151, Code.) In the canvass of votes as the judges open and read the 
ballots, each clerk marks upon the tally sheets the votes which each 
candidate has received, in a separate column for that purpose. After 
the ballots have been read and entered on the tally sheets the clerks 
make footings so as to show the total number of votes cast for each 
candidate, and certify the same to be correct. (Pars. D and E, Sec. 

7152, Code.) 

The compensation of the clerk is the same as at a generarelection. 
(Sec. 7155, Code.) 

Artcle IV. Duties Imposed by the Primary Law Upon Regular State, 
County and Precinct Officers. 

FIRST—SECRETARY OF STATE 

The secretary of state, with the attorney general, on or before 
October first, preceding the primary, prepares all forms of blanks 
necessary to carry out the provisions of the primary law. At least 
thirty days before any primary the secretary of state transmits to 
each county auditor of the territory in which any candidate seeks 
nomination, a certified abstract of the proposal filings made in the 
office of the secretary of state for each office separately, except the 
secretary of state does not certify the name of any candidate who is 
required to challenge or debate under the primary law if such candi¬ 
date has failed to do so, and except also that the secretary of state 
does hot certify the name of any candidate who has no opposition in 
the primary. Such candidate is entitled to have his name certified 
for the general election ballot, but his name shall not be placed upon 
the primary ballot. The secretary of state also procures and keeps 


12 


a book to be known as the Political Record Book, in which he records 
the transactions of political parties as filed in his office. (Sec! 7132, 
Code.) 

The secretary of state designates the color of ballots of all political 
parties in this state, and when a color has been selected for a political 
party same can not again be changed. When a color has been selected 
by the secretary of state the fact must be immediately certified by the 
secretary to the county auditor in each county. (Sec. 7130, Code.) 

The secretary of state receives and files “Individual” and “Repre¬ 
sentative” proposals of candidates. (Sec. 7117, Code.) He also re¬ 
ceives and files “Paramount Issues” presented by candidates for gov¬ 
ernor. (Sec. 7125, Code.) Upon receiving a challenge for debate as 
arranged for in the primary law, the secretary of state files and enters 
the same in the political record book kept in his office, and forwards 
a certified copy of such challenge to the candidate therein designated, 
together with copies of the respective paramount issues. These are 
forwarded by registered mail and return receipt must be demanded. 
Such challenges are mailed out in the following order: 

First, the challenge filed by the independent candidate for presi¬ 
dent or governor which challenge is mailed out immediately and 
within ten days after the same has been filed; if no challenge has 
been filed by an independent candidate the secretary of state must 
within five days mail out the challenge filed by the representative 
candidate appearing in column three upon the ballot. (Sec. 7126,' 
Code.) 

The secretary of state compiles and publishes an official Party 
State Publicity Pamphlet and the same must be done at least forty 
days prior to the primary election date. (Sec. 7127, Code.) 

The secretary of state must furnish the printer a copy of such 
pamphlet at least sixty days before the primary date and must cause 
the same to be printed at the expense of the state and forward the 
required number of copies to the county auditor of the state at least 
forty days before the primary date. (Sec. 7129, Code.) He also re¬ 
ceives and files recall petitions. (Sec. 7176, Code.) 

SECOND—ATTORNEY GENERAL 

The attorney general with the secretary of state on or before Octo¬ 
ber first, preceding the primary, prepares all forms of blanks neces¬ 
sary to carry out the provisions of the primary law. (Sec. 7132, Code.) 

THIRD—COUNTY AUDITOR 

The county auditor receives from the secretary of state forty days 
prior to the primary date, the publicity pamphlets compiled and pub¬ 
lished by the secretary of state. Immediately on receipt of such 
pamphlets it is the duty of the county auditor to place such pamphlets 
in the accompaning envelopes and cause them to be addressed and 
mailed postage prepaid as third class mail matter to each elector in 
the county according to the poll lists of the preceding election, and 


addresses obtainable in his office. The county auditor’s expense of 
mailing this pamphlet is paid by the county. (Sec. 7129, Code.) 

The county auditor furnishes a facsimile of his signature to be 
printed on the back or outside of the official primary ballot. (Sec. 
7130, Code.) He prepares the official primary ballot for use at the 
primary election for each political party in his county; procures a 
bound record book to be known as the Political Record Book, in which 
he records the transactions of political parties as filed in his office; 
he furnishes the copy of the official primary ballot to the printer not 
less than twenty days before the primary, and the ballots must forth¬ 
with be printed at the expense of the county. He provides and re¬ 
tains in his office until after the primary election hn ample supply of 
extra official primary ballots for each party and for each precinct, 
and if at any time before or during the primary any of the official 
primary ballots shall be lost or destroyed or the supply exhausted the 
auditor must on request of the primary judges or any one of them 
cause to be delivered to such judges such extra supply of ballots as 
may be required. (Sec. 7133, Code.) 

Not less than thirty days before the primary the county auditor 
must prepare a notice thereof. (Sec. 7135, Code.) He at the expense 
of the county causes a sufficient number of these notices of election 
to be printed; and at least fifteen days before the primary he mails 
not less than five copies of such printed notice to the clerk of every 
organized township of the county, to the clerk or auditor of every in¬ 
corporated city, or town so that not less than five copies may be 
posted in each precinct. In all cases where there may be an estab¬ 
lished voting precinct not in the limits of any township, city or town, 
the auditor mails five copies of such printed notice to some responsi¬ 
ble elector residing in such precinct. (Sec. 7136, Code.) 

The county auditor appoints the judges of the primary election, 
one of whom he designates as superintendent; he also appoints the 
clerks. The primary supplies are sent by insured parcel post or ex¬ 
press to the superintendent of election. (Sec. 7138, Code.) The ap¬ 
pointment of judges and clerks of election is made at least sixteen 
days before the primary. (Sec. 7139, Code—Sec. 7141, Code.) Not less 
than ten days before the primary the county auditor must deliver a 
sufficient number of primary ballots to serve the needs of the voters, 
together with poll books, envelopes and return blanks and supplies, to 
the superintendent of election in each precinct. This delivery of elec¬ 
tion supplies is by the sheriff or by parcel post or express, as the 
auditor may determine. The auditor furnishes duplicate registry poll 
books for use of the judges and clerks at each precinct. (Sec. 7140, 
Code.) The county auditor receives from the superintendent of elec¬ 
tion the returns of the election made by the judges and clerks. (Sec. 
7154, Code.) 

The county auditor acts with the clerk of courts and county judge 
as a county canvassing board. (Sec. 7156, Code.) 


14 


FOURTH—COUNTY CANVASSING BOARD 

The county canvassing board is composed of the county auditor, 
clerk of courts, and county judge. This board is required to meet on 
the first Saturday following the primary and at that time the board 
opens and canvasses all the returns of the primary and makes sep¬ 
arate tabulated statements for each political party which must show 
in proper columns the total number of votes cast for each candidate. 
Such tabulated statements are kept on file in the office of the county 
auditor. Within seven days after the primary the county auditor 
must forward to the secretary of state a certified abstract for each 
political party showing the total number of votes cast in such county 
at the primary for each candidate. Each abstract must be signed by 
the auditor under his official seal by the clerk of courts under his 
official seal and by the county judge. (Sec. 7156, Code.) 

FIFTH—STATE CANVASSING BOARD 

The state canvassing board is made up of the same officers as 
constitute the state canvassing board at the general election. It is the 
duty of this board to canvass the returns immediately upon receiving 
the same from the county auditors. They certify tabulated state¬ 
ments of the returns for each political party separately. These state¬ 
ments must show under proper headings the number of votes cast for 
each candidate and must be filed with the secretary of state. (Sec. 
7157, Code.) 


SIXTH—NATIONAL PARTY COMMITTEEMAN 

The National Party Committeeman for each political party is 
elected at the primary just as candidates for state offices are nom¬ 
inated. His name is placed upon the primary ballot in the same man¬ 
ner as are the names of other candidates. (Sec. 7113, Code.) 

SEVENTH—PRECINCT OFFICERS 

The township clerks and the town clerks and city auditors on re¬ 
ceiving the printed notice of election sent out by the county auditor, 
and not less than ten days before the primary, are required to post 
such printed notice in five public places in his precinct. Such clerk 
or auditor upon filing with the county auditor proof of the posting 
of such notice is paid the sum of $2.00, except in cities having more 
than one voting precinct the clerk or auditor is paid not to exceed 
fifty cents for each precinct. (Sec. 7137, Code.) 

Article V. The Proposal and Nomination of Candidates. 

The primary law provides three different methods by which the 
names of candidates are placed upon the primary ballot. The candi¬ 
dates who are named by the proposal committees are called “Repre¬ 
sentative Proposals.” Those named by petition are called “Individual 
Proposals.” 


15 


(1) Without any reference to any proposal committee a proposal 
petition may be circulated and filed and in this manner “Individual 
Proposals” may be made. These individual proposal petitions for in¬ 
dividual candidates for presidential, congressional, state, judicial dis¬ 
trict or district ollices, or for party representatives are filed with the 
secretary of state and must be signed by not less than one per cent of 
the electors of the party as shown by the vote cast for governor at 
the last general election. Individual proposal petitions for candidates 
for county offices, legislative or commissioners’ district offices within 
the county are filed with county auditor and must be signed by not 
less than twenty electors in the county in which the candidate is 
proposed. No petition may contain more than twice the number of 
signatures required as above stated. Each individual proposal peti¬ 
tion is signed by the required number of electors with pen and ink 
or indelible pencil, and each signer must add after his name his voting 
precinct, post office address, county and date of signing. No peti¬ 
tioner may sign more than one petition relating to the same office in 
the same year, and no name may be counted on any such petition un¬ 
less the same appears to have been signed within five months prior to 
the date of the primary. (Sec. 7119, Code.) 

In legislative districts composed of more than one county the 
individual proposal petition is filed with the secretary of state on or 
before January first. Each such petition must be signed by at least 
fifty party electors of the district. (Sec. 7120, Code.) 

All candidates for judges of the supreme and circuit courts, on or 
before December first of each odd year, file individual petitions in the 
office of the secretary of state and they can be proposed only in this 
manner. Candidates for judges, however, may be endorsed by repre¬ 
sentative, proposals. (Sec. 7121, Code.) 

(2) Proposal of candidates may be made by a majority of the 
county or state proposal committee. The proposal made by a major¬ 
ity of the proposal committee must be signed by the chairman and 
secretary of said committee and filed with the secretary of state or 
county auditor as the case may be. 

(3) The proposal of a minority of a proposal committee is also a 
representative proposal, and it must be signed by five or more pro¬ 
testing proposalmen. Only one minority proposed may be made by 
protesting members of any committee. In case more than one such 
proposal is offered the secretary of state or county auditor may accept 
and file only the one that is first offered. 

(4) Those proposed by individual petition are placed in the second 
column on the primary ballot under the heading “Individual Candi¬ 
dates.” Those named by the five or more protesting proposalmen are 
placed in the third column on the ballot, and those named by a major¬ 
ity of the proposal committee are placed in the fourth column. (Sec. 
7131, Code.) Mottoes, or summaries of principles, are placed at the 
heads of the third and fourth columns on the ballot. 


16 


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(5) Any legal voter of the precinct is entitled to vote at the 
primary, but if the voter is challenged he shall not be permitted to 
vote unless he shall declare on oath his allegiance to the party whose 
ticket he proposes to vote. (Sec. 7102, Code.) In order to be permit¬ 
ted to vote it is not necessary that the voter be registered in any way. 
If a challeneged voter refuses to take the necessary oath his vote must 
be rejected. (Sec. 7144-7145, Code.) The person whose name is printed 
on the primary ballot, who received the highest vote is nominated or 
elected as the case may be, whether that be a majority of all votes 
cast or not. (Sec. 7159, Code.) 

Article VI. The Endorsement of Candidates for Appointive Positions. 

Any party elector who wishes to secure endorsement of his party 
for any appointive position (save that of stenographer or private 
secretary and that of postmaster) may file a written application for 
such endorsement with the secretary of state after any primary elec¬ 
tion. The procedure of the state committee in acting upon such ap¬ 
plication is given above under the Duties of the Party State Central 
Committee. 

Article VII. Party Recall. 

Any person who has been elected upon a party platform to which 
he is pledged to adhere; or any officer elected or appointed who ob¬ 
tains his office through party election or party endorsement may be 
recalled in either of the two methods following; 

First. By written petition signed by 33 per cent of the electors of 
his party, which petition must be filed with the secretary of state, and 
a copy thereof with the party state chairman in case of recall of 
party state chairman, party national committeeman* or party repre¬ 
sentatives occupying state, congressional or federal offices; and with 
the county committee and a copy thereof to the party county chair¬ 
man in case of county offices; or with the municipal clerk and a copy 
thereof to the party county chairman in the case of municipal offices. 

Second. By written petition signed by 66 per cent or more of the 
members of his Party State Central Committee in the case of recall 
of party state chairman, party national committeeman or party repre¬ 
sentatives occupying national, congressional, state or district offices 
or federal or state appointive offices. In the case of county offices the 
recall petition must be signed by 66 per cent of the members of the 
Party County Central Committee. (Sec. 7176, Code.) 

There must be filed with every petition for recall a complaint set¬ 
ting out specifically charges made against the public officer, which 
complaint must be verified by at least twelve petitioners. (Sec. 7177, 
Code.) 

The procedure of the state or county central committee on peti¬ 
tions for recall of officers is given above under Duties of State and 
County Central Committees. 


17 


Article Vin. Platform and Principles. 

At the state proposal meeting held on the first Tuesday in Decem¬ 
ber of odd years, at the capitol, the committee promulgates principles 
for party platform by adopting one plank at a time by roll-call vote. 
This committee also selects one paramount national issue and one 
paramount state issue from the principles adopted, and prepares a 
summary of principles for ballot headings. This summary for the 
ballot heading must not exceed eight words. A minority of the state 
proposal committee consisting of five or more proposalmen may on or 
before the third Tuesday in December following the meeting of the 
state proposal committee adopt a platform, paramount issue and sum¬ 
mary of principles for ballot headings. The proposal of principles, 
platform, etc., whether by the committee or by the five dissenting 
members of the committee is filed with the secretary of state and 
the summary of principles is printed upon the primary ballot. The 
summary of principles adopted by the majority of the state proposal 
committee appears on the primary ballot. 

On the fourth Tuesday in December of odd years the precinct 
propo'salmen meet at the county seat at eleven o’clock in the forenoon 
and select and endorse a paramount state issue from the proposals 
made at the state meeting. The majority of the precinct proposalmen 
at this county meeting also adopts a county summary of principles of 
not exceeding eight words for the ballot heading and the majority de¬ 
cides whether their candidates and summary of principles shall appear 
in the third or fourth column upon the primary ballot. Five or more 
protesting precinct committeemen may adopt a different paramount 
issue and a different summary of principles for the column on the 
ballot not selected by the majority. (Sec. 7108,* Code.) 

The paramount issue and principles proposed by the candidate 
for governor receiving the highest number of votes at the primary, im¬ 
mediately becomes the regular party platform at the following general 
election as far as state issues are concerned. And if there are any 
principles in the party platform pertaining to national affairs or to 
preconvention endorsements of candidates for president or vice presi¬ 
dent, delegates to national conventions shall thereby be instructed to 
vote three times for such principles and candidates in the national 
convention before giving support to any compromise platform of 
candidate. (Sec. 7099, Code.) 

State Issues Publicity Pamphlet. 

The publicity pamphlet is to be compiled by the secretary of state 
and paid for by the state, which will distribute a copy to each voter 
through the county auditors. It will include the platform, principles 
and the individual petitions and representative proposals of all candi¬ 
dates and their arguments. Any candidate can have included a short 
biography for $50, a small cut for $50, or both for $100. No personal 
attacks are permitted. This pamphlet must be published 40 days be¬ 
fore the primary election. 


18 


Public Joint Debates Required. 

The joint debafes are only between candidates for president and 
governor. The candidates themselves are not required to debate, and 
it is (he expectation tliat candidates for president, at least, will dele¬ 
gate someone to speak for them. The challenge right is first given 
to independent candidates. If they do not utilize the right within 10 
days after the first Monday in January, then the minority candidate 
of each party is obliged to challenge the majority candidate. If he 
fails, his name goes otf the ballot, and if the majority candidate fails 
to accept the challenge, otf he goes. They must debate their respec¬ 
tive “paramount issues.” To guard against the usual platitudes, the 
law provides that any “paramount issue” otTered must be “one well 
defined and definite principle for a public p(dicy.” There must be at 
least one presidential and 16 gubernatorial debates, before the primar¬ 
ies. After the primaries opposing party nominees for governor are 
required to take part in 12 debates between September 1 and Novem¬ 
ber election. 


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